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United States v. Benjamin

April 25, 2007

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TASHA BENJAMIN DEFENDANT.



The opinion of the court was delivered by: H. Bruce Guyton United States Magistrate Judge

Jordan / Guyton

ORDER

All pretrial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. § 636(b) for disposition or report and recommendation regarding disposition by the district court as may be appropriate. This case came before the Court for a hearing on March 28, 2007, on the government's identical Motion for Joinder made in two cases involving Billy Floyd Leasure [3:06-CR-153, Doc. 24] and [3:06-CR-154, Doc. 41], filed March 27, 2007. Mr. Leasure was charged in case number 3:06-CR-154 with two co-defendants, Tasha Benjamin and Hobart Lynn Mitchell.

At the hearing, this Court denied the government's Motion for Joinder, as filed in both cases [3:06-CR-153, Doc. 24] and [3:06-CR-154, Doc. 41] and afterward entered a Memorandum and Order to that effect [Doc. 43.] Co-defendant Tasha Benjamin entered a change of plea before the district court on March 29, 2007, as the government indicated was anticipated at the time of the joinder hearing.

The Court finds that the Motion for Joinder [Doc. 41] of the indictment including Ms Benjamin has been DENIED and, furthermore, is now moot.

IT IS SO ORDERED.

20070425

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